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14 December 2012Book page
Social Justice Report 2004 : Appendix 2: How the Racial Discrimination Act 1975 applies to Shared Responsibility Agreements
The Racial Discrimination Act 1975 (Cth) (RDA) makes it unlawful to discriminate on the basis of race, colour, descent or national or ethnic origin. The proscriptions of unlawful discrimination in the RDA potentially apply to Shared Responsibility Agreements (SRAs), including: -
Commission – General
12 March 2024SpeechA Revitalised National Human Rights Framework for Australia
Marking the 75th anniversary of the Universal Declaration of Human Rights Fraser Oration Emeritus Professor Rosalind Croucher AM FAAL FRSA FACLM(Hon) Introduction Vice-Chancellor, Duncan Maskell, Dean Matthew Harding, Mrs Tamie Fraser and the Fraser family, Melbourne Law School staff, distinguished guests, friends I would like to begin by acknowledging the traditional custodians of the land… -
14 December 2012Book page
Native Title Report 2002: Extinguishment of Native Title
The two recent High Court decisions in Miriuwung Gajerrong [1] and Wilson v Anderson [2] have clarified some important issues regarding the extinguishment of native title under the Native Title Act 1993 (Cwlth) (‘NTA’) and its relationship with extinguishment under the common law. They also provide some important insights into the meaning of discrimination as it responds… -
Aboriginal and Torres Strait Islander Social Justice
14 December 2012Book pageNative Title Report 2000: Chapter 3: Native title and sea rights
One of the major events of the period covered by this report was the handing down of the decision by the full Federal Court in the Croker Island case (1) on appeal from the decision of Justice Olney. (2) It is the major test case on the recognition of native title sea rights and represents the most authoritative statement of the law in Australia at the present time. It was a split decision and… -
14 December 2012Book page
Native Title Report 2002: Discrimination and native title
The resolution of the debate as to whether the extinguishment of native title by the common law and the Native Title Act 1993 (Cwlth) (‘NTA’) is racially discriminatory, depends upon the interpretation given to its two essential components: extinguishment and discrimination. The interpretation that the High Court has given to the extinguishment provisions of the NTA and its relationship… -
Legal
14 December 2012WebpageCommission submission - MIRIUWUNG
A. International treaties and the interpretation of Statutes B. International treaties and the development of the common law C. International law and the Constitution D. Relevant human rights norms -
14 December 2012Book page
HREOC Report No.14
This report to the Attorney-General concerns an inquiry by the Human Rights and Equal Opportunity Commission ("the Commission") into a complaint made under the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ("the HREOCA"). The subject of this report is a complaint of age discrimination made by Mr Andrew Hamilton who was employed by the Commonwealth in the… -
Legal
14 December 2012Webpage
Commission submissions:the Queen
Apart from the express statutory authority for such intervention it would appear that the non party intervention may only be allowed where the intervener can provide arguments or facts which will contribute to the Court's reaching an informed decision, and where the significance of those arguments or facts is sufficient to outweigh any expense and/or delay which may be caused to the parties by… -
Legal
14 December 2012Webpage
Amicus Submission: Ferneley
1. On 22 October 2001 the Sex Discrimination Commissioner ("the SD Commissioner") filed a Notice of Motion seeking to move the Court for orders that the SD Commissioner be granted leave to appear as amicus curiae in these proceedings, together with any consequential orders and directions. The Notice of Motion was supported by an affidavit of the SD Commissioner affirmed on 19 October… -
Legal
14 December 2012Webpage
Commission submissions: Toonen & Croome
1. The Human Rights and Equal Opportunity Commission ("the Commission"), by summons dated 11 March 1996, has sought leave to intervene Of, in the alternative, to appear as amicus curiae in the within proceedings.